Wildman denied request for lower bond
Wednesday, May 08, 2013 7:32 AM
Daniel Wildman's request for a lower bond has been denied.
In his order issued Tuesday in Winneshiek County District Court, Judge John Bauercamper said bond should remain as previously set because it is "necessary and appropriate to assure the defendant's appearance in court and protect the public, due to the defendant's prior criminal record, the nature of the offense and potential punishment."
Wildman, 23, of Cresco, has been incarcerated at the Winneshiek County Jail since last fall on three counts of attempted murder for discharging his 12-gauge shotgun at Cory Numedahl of Calmar, Andrew Massman of West Union and David Cheney of Calmar, as they were exiting their vehicle in Calmar early Oct. 16.
Numedahl and Massman said in recent depositions they didn't believe Wildman was trying to kill them. Wildman's attorney, Mark Anderson of Cresco, maintained in court documents that should be a reason for lowering Wildman's bond.
Anderson said the remaining alleged intended victim (Cheney), was standing behind Numedahl and Massman and could not have been struck by any projectile fired from the weapon Wildman was alleged to have used without either or both Numedahl and Massman being struck.
Wildman's bond remains set at $225,000. He had requested it be modified to a maximum of $75,000, but said a $10,000 bond would be more appropriate.
Winneshiek County Attorney Andy Van Der Maaten said in a resistance motion that the defendant is both a flight risk and a danger to the public if released on a lower cash bond. He also said the victims' belief concerning the defendant's intent is "irrelevant."
A hearing on a defense motion to suppress evidence, including the defendant's confession, is set for Friday, May 10, at 1:30 p.m. in Winneshiek County District Court. The county attorney also is resisting the motion, which seeks to exclude evidence from consideration by the jury.
Anderson has previously stated he will be relying on a "defense of intoxication by drugs" strategy.
Wildman's trial is scheduled to begin Wednesday, May 22.